WSR 04-06-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-29 -- Filed February 19, 2004, 3:15 p.m. , effective February 20, 2004, 7:00 a.m. ]

     Date of Adoption: February 18, 2004.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04000W; and amending WAC 220-52-040.

     Statutory Authority for Adoption: RCW 77.12.047.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: The pot limits for the commercial crab fishery in the Puget Sound licensing district are to maintain commercial harvest allocation plans. There is insufficient time to promulgate permanent rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: February 20, 2004, 7:00 a.m.

February 18, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-52-04000X   Commercial crab fishery--Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040:

     1) Effective 7:00 a.m. February 20, 2004, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 75 pots per license, per buoy tag number in all waters of the Puget Sound Marine Fish Shellfish Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 24A, 24B, 24C, 24D, 25B, 25D, 26AE, 26AW, and 29. The remaining 25 buoy tags per license must be onboard the designated vessel and available for inspection.

     2) Effective immediately, until further notice, it is unlawful for any person to fish for crabs for commercial purposes with more than 50 pots per license, per buoy tag number in all waters of the Puget Sound Marine Fish Shellfish Catch Reporting Areas 23D, 25A, and 25E. The remaining 50 buoy tags per license must be onboard the designated vessel and available for inspection.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:00 a.m. February 20, 2004.


WAC 220-52-04000W Commercial crab fishery--Exceptions to permanent rules for pot limits. (04-17)

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